Code of Conduct (Hansard, 22 January 1990)

§ 49. Mr. Kirkwood
To ask the Minister for the Civil Service if he will make a statement on the new code of conduct governing the activity of senior civil servants.

§ 50. Mr. Simon Hughes
To ask the Minister for the Civil Service if he will make a statement on the proposed changes to the Civil Service code of conduct.

§ Mr. Luce
The relevant section of the Civil Service pay and conditions of service code, which applies to all civil servants, is being revised to take account of the Official Secrets Act 1989.

§ Mr. Kirkwood
Is the Minister aware that that revision has been widely interpreted as a scandalous attempt by 619 Hacker to hamstring and hogtie Sir Humphrey? If the conditions that apply to senior civil servants in their duty to the Crown are thought to be deficient, why is it necessary to change them, so as to try to restrict senior civil servants in their duty to the Government as opposed to Her Majesty's estate?

§ Mr. Luce
I am not sure that I fully understood the hon. Gentleman. The first duty—it is clearly set out—is that civil servants owe their allegiance to Her Majesty's elected Government of the day. The code is being adjusted and revised because of the passing of the Official Secrets Act 1989. It was necessary to do so because certain categories of civil servants, which were formerly subject to criminal proceedings if they had wrongly divulged information, are now subject to ordinary disciplinary proceedings.

§ Mr. Simon Hughes
Will the Minister take into account the reported views of the leadership of the unions representing the Civil Service, which are opposed to the proposed code?
Will the Minister assure the House that the interests and views of the Civil Service will be properly taken into account and that there will be proper consultations and no hasty decisions? Will he protect the interests of civil servants who found their Box taken over on Friday by a member of Tory Central Office?

§ Mr. Luce
The Secretary to the Cabinet—the professional head of the home Civil Service—has agreed to meet Civil Service unions to discuss that matter and a number of other issues. There should be no misunderstanding—there is no basic change in the Armstrong guidelines—over matters of conscience for the civil servant. He can apply to his permanent secretary or to the head of the home Civil Service. These new procedures have been in operation since 1987 and they are not changing.

§ Mr. Richard Shepherd
I understand from what my right hon. Friend is saying about the Armstrong submission to the Treasury Select Committee that, for all practical purposes, for a civil servant the interest of the Government of the day is the national interest—the interest of the Crown. Hon. Members on both sides of the House find it difficult to say that the interests of the Government of the day are exactly synonymous with the national interest. Surely that is wrong in a free democracy and perhaps we need sunshine laws.

§ Mr. Luce
I should like to clarify the position. As the Government see it, the primary duty of a civil servant is to serve Her Majesty's elected Government of the day. That 620 has always been the position and it remains the position. There are, rightly, procedures for dealing with a matter of conscience.

§ Mr. Conway
On the activities of senior civil servants, does my right hon. Friend think that it is wise or desirable that they should have contact with organisations involved in governmental or parliamentary lobbying? Is not that very poor practice?

§ Mr. Luce
I am not certain whether my hon. Friend refers to serving or to retired civil servants. There are clear rules and obligations and civil servants understand the position. Their duty is to their Minister, who is accountable to Parliament.

§ Mr. Winnick
Should not any new code for senior civil servants who have official dealings with the police make it clear that where there is deep public disquiet—as now, over the Stalker affair—there should be no resistance to a full public inquiry? Will the right hon. Gentleman pass on that view to the Home Secretary?

§ Mr. Luce
As the hon. Gentleman implies, that is a matter for my right hon. and learned Friend the Home Secretary. If Mr. Stalker wishes to submit a document to the Government, that is up to him.